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TAOISEACH MICHEÁL MARTIN has said he does not think withdrawing from the courts is the “correct course of action” as solicitors continue to withdraw their services from the criminal legal aid scheme due to changes to the payment model.
On Wednesday a flat-fee payment model for District Court cases under the legal aid system was implemented, meaning solicitors will now receive a single payment for District Court criminal cases regardless of the number of court appearances involved.
Up to 60 solicitors staged a walkout at the Criminal Court of Justice, the country’s busiest courthouse, on Wednesday over the change.
Speaking to reporters in Cork today, the Taoiseach urged solicitors to “continue to defend people and continue to represent people”.
“I don’t think withdrawing from the courts is the correct course of action,” he said, adding that there has been “movement” regarding the initial fee offer.
“I do believe progress has been made,” he said.
Before Wednesday, solicitors were paid around €240 for the first appearance and about €60 for each subsequent sitting. Earlier this week justice minister Jim O’Callaghan increased the proposed new flat fee from €455 to €520.
Martin also said “reform is important”.
“We have to reform our systems on a continuing basis and make them more effective, efficient, and better value for money, and take out perverse incentives, and to do this in a reasonable way,” he added.
A recent report from the Department of Justice found that solicitors were “maximising” their earnings through criminal legal aid payments. After the report was released, O’Callaghan said “there are very clear abuses going on in the system”.
The department said the reform will “simplify administration, incentivise timely case resolution without affecting quality of representation, protect access to justice, and ensure fair remuneration for legal practitioners”.
Law Society president Rosemary Loftus has said that solicitors across the country are resigning from the criminal legal aid scheme due to changes to the payment model.
“This will have a devastating impact on access to justice,” she said.
The Irish Human Rights and Equality Commission, Irish Penal Reform Trust, Free Legal Advice Centres and The Bar of Ireland joined the Law Society of Ireland at the Criminal Courts of Justice in Dublin Friday to protest the planned changes to the legal aid system.
With additional reporting from Tom Tuite.
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